An Artist Speaks (The Myth of 15%)
Jan. 14th, 2011 10:57 amThis has to do with patterns and this myth that seems to have surfaced in sewing circles along with knitting and quilting groups, that if you change the pattern X% (Honestly I have heard everything from 15% to 55%) then you have created a new pattern and therefore don’t have to recognize the original pattern maker or could even sell the pattern you “created” from the other pattern. It seems a bone of contention that shows up on the various lists I belong to about every three months.
There are grey areas. I know recently someone got a legal slap on the wrist for trying to copyright a pattern that they had copied from a book that was in public domain. And, as it has been often said in the cloth doll world, there are only so many ways you can make a leg. There are patterns free on line that the creators have asked for credit if you use their pattern and not to copy and sell the patterns as if they were your own. There is one doll maker in Japan whose work I love. She has been very generous about sharing how she makes things along with some amazing patterns. At the end of last year she asked for help with someone in the States that had copied one of her patterns and was selling it on Etsy as their pattern when it contained markings that made if obvious it was the Japanese doll maker’s pattern. Since then she has been more reticent about posting patterns on her website and, while this makes me sad, I do understand it.
One of the best explanations I have read over the years comes from the Australian Copyright office which states
Copyright does not protect ideas or information. Nor does it protect styles or techniques or methods. Copyright protects the way in which an idea or concept is expressed – for example, as a drawing, or a piece of writing.
Therefore, if you are simply using someone elseʼs idea, information, technique or method to create a garment, you will not be infringing copyright. For example, the original idea of making a swimming costume in two pieces was not protected, but it is likely that the first bikini and the pattern for that bikini were protected as artistic works. Also, while a particular pattern for flared pants may be protected, the general idea of pants being flared is not. copyright the Australian Copyright Office
And that in a nutshell is how copyright works for patterns.
This is also why I draft own my patterns for my work. That way I can honestly say that if I happen to accidently copy someone else, I didn’t know I was doing so since I came up with it on my own. I do use pattern drafting books to figure out how I am going to put something together but the rest is trial and error. I have gotten really good at being able to eyeball things for various pieces of clothing. I know the basics and go from there.
I hope that this rambling has helped someone understand the rather complicated realm of pattern making.
I am grateful to those artists who have helped me figure out how to make things.
There are grey areas. I know recently someone got a legal slap on the wrist for trying to copyright a pattern that they had copied from a book that was in public domain. And, as it has been often said in the cloth doll world, there are only so many ways you can make a leg. There are patterns free on line that the creators have asked for credit if you use their pattern and not to copy and sell the patterns as if they were your own. There is one doll maker in Japan whose work I love. She has been very generous about sharing how she makes things along with some amazing patterns. At the end of last year she asked for help with someone in the States that had copied one of her patterns and was selling it on Etsy as their pattern when it contained markings that made if obvious it was the Japanese doll maker’s pattern. Since then she has been more reticent about posting patterns on her website and, while this makes me sad, I do understand it.
One of the best explanations I have read over the years comes from the Australian Copyright office which states
Copyright does not protect ideas or information. Nor does it protect styles or techniques or methods. Copyright protects the way in which an idea or concept is expressed – for example, as a drawing, or a piece of writing.
Therefore, if you are simply using someone elseʼs idea, information, technique or method to create a garment, you will not be infringing copyright. For example, the original idea of making a swimming costume in two pieces was not protected, but it is likely that the first bikini and the pattern for that bikini were protected as artistic works. Also, while a particular pattern for flared pants may be protected, the general idea of pants being flared is not. copyright the Australian Copyright Office
And that in a nutshell is how copyright works for patterns.
This is also why I draft own my patterns for my work. That way I can honestly say that if I happen to accidently copy someone else, I didn’t know I was doing so since I came up with it on my own. I do use pattern drafting books to figure out how I am going to put something together but the rest is trial and error. I have gotten really good at being able to eyeball things for various pieces of clothing. I know the basics and go from there.
I hope that this rambling has helped someone understand the rather complicated realm of pattern making.
I am grateful to those artists who have helped me figure out how to make things.